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Lehr E: ÃlÃ(c)ments De Droit Civil
Espagnol

ÃlÃ(c)ments De Droit Civil Espagnol

This landmark collection provides new insights, concepts and techniques to understand and respond to tort claims based on illegal conduct. It is the first comparative study of this difficult field, which has remained contested despite numerous decisions of the highest courts in the common law world. The collection draws on scholars from common law and civilian jurisdictions spanning Argentina, Australia, Brazil, England and Wales, France, Germany, Italy, the Netherlands, Scotland, Singapore, Spain, South Africa and Sweden. Together they set out fact patterns, and justifications for tort liability to illustrate the coherence and unity that exists when courts address such claims. While common law legal systems have developed a specific defence of illegality for some of those fact patterns, civilian jurisdictions tend to see illegality operating, if at all, through the existing components of tort liability. The book explains how these different approaches have been reached, how they work, and what they reveal about reasoning in tort.

Comparative Lessons on Legal Reasoning

Understanding Tort Claims and Illegality

Before the Cradle to Beyond the Grave

Technology, Health, and Law in Life and Death

Global Reflections on Positionality in Rural Access to Justice Research

Written by leading practitioners in the field, this book provides a coherent framework for understanding the principles of sports law. The subject is split into various areas of practice. First regulatory rules, which embrace the constitutional aspect of organised sport including the disciplinary procedures of the various sport governing organisations. Second, broadcasting and marketing resulting from the commercial exploitation, including sponsorship, of sports clubs, sporting events and players. Third, player's rights and obligations which embraces a wide range of legal issues including club transfers and player contracts, and issues arising from employment (including discrimination law), personal injury and criminal law. Special attention is paid to the impact of EU and Human Rights law as well as to the influential jurisprudence of the Court of Arbitration for Sport. Written by an expert team, including the father of sports law, Michael Beloff QC, this is required reading for all those practising in the field.

Sports Law

The Rule of Law in Context

Power of Rulers, Power of Rules: Russia’s Legal Dualism in Action

The Rule of Law in Russia

Hart Studies in Private Law

This book undertakes a unique enquiry into the puzzling doctrine of undisclosed agency. Following an introduction to the doctrine and those issues that its conceptual uncertainty poses for commerce, it then charts a course through the core categories of obligations: contract, equity, tort, and unjust enrichment. In each case, various theses are explored in detail in order to identify the most robust, compelling, and commercially-appropriate rationalisation of undisclosed agency. It brings much needed clarity to a complex field of private and commercial law.

Rationalising Undisclosed Agency

The Art Law Library

This open access book offers a unique perspective on the return of cultural objects by considering the aftermath of the handover processes. While calls for the repatriation of heritage have been made since the start of the decolonisation process, it is only in recent years that the debate on returning cultural objects has gained widespread prominence. This has been followed by ongoing efforts from several countries to change the legislation, adopt principles, and invest in provenance research to turn repatriation into a more proactive mechanism. The book tells the story of cultural objects that were housed in European institutions and returned to countries in Africa, Asia, and the Americas. In addition to in-depth analysis of relevant laws and policies, each of the case studies integrates interviews with those who were directly involved in those return processes, as well as those who were impacted by them, including museum staff, government representatives and community members. The book presents previously unheard insights into past return processes, the manifold modalities that such processes have followed, and, at times, unexpected outcomes. By doing so, it offers possible lessons to be learnt for future returns. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the Leverhulme Trust.

Exploring the Stories of Cultural Objects After their Return

Beyond Restitution

This volume explores in detail the use of the doctrine of good faith in the common law when interpreting contracts and resolving disputes. Building on the findings of Good Faith and Relational Contracts (Hart, 2024) the book discusses the implications of relational contract theory and good faith for issues such as liquidated damages clauses, discretion to terminate a contract, contract forfeiture, employment contracts and contractual remedies. The author discusses the potential for good faith to unite a number of currently disparate contract law and equitable principles into a coherent framework, providing an opportunity to question and jettison some archaic aspects of existing doctrine that are no longer defensible. Ambitious and thoughtful, this is a significant statement on the role of good faith in private law.

Application to Specific Principles

Good Faith and Relational Contracts, Volume 2

Hart Studies on Contested Legalities

This book confronts a pressing and unsettling development at the intersection of law, sovereignty, and Indigenous rights: the growing entanglement between Indigenous legal traditions and sovereign citizen pseudolaw. Bringing together leading scholars from law, anthropology, Indigenous studies, and related disciplines, the volume exposes how pseudolegal movements increasingly appropriate the language and symbolism of Indigenous sovereignty to advance anti-state and conspiratorial agendas. The collection shows that this appropriation is not confined to non-Indigenous actors. In contexts of long-standing injustice and frustration with state institutions, some Indigenous individuals are also drawn to sovereign citizen arguments that promise autonomy or escape from state authority. Through careful analysis, the contributors explain why these claims may appear attractive, while demonstrating that they rest on legal fantasies fundamentally at odds with Indigenous legal orders. Where Indigenous laws are collective, relational, and grounded in responsibilities to land and community, pseudolaw is individualistic, property-centred, and rooted in settler-colonial entitlement. As the first scholarly collection to systematically address this phenomenon, the volume calls for renewed intellectual clarity and sustained engagement between academics, legal practitioners, and Indigenous communities. The book traces how pseudolaw repackages older colonial strategies of appropriation and erasure in new forms. It reveals the tangible harms these entanglements cause: legal confusion, political vulnerability, and the erosion of the credibility of genuine Indigenous sovereignty claims. It offers a powerful warning about the dangers of pseudolaw and a compelling case for strengthening Indigenous-led pathways to justice, self-governance, and sovereignty.

Indigenous Peoples and Sovereign Citizen Pseudolaw

Pandemics, Power, and Parliaments

Asia in Times of Crisis

This book presents an account of how the rule of law in Thailand has developed through history as well as how it is perceived by different segments of society. It is the first volume on Thailand's rule of law written in English by Thai scholars having first-hand experience in its development in the past three decades. To outsiders, the nature and operation of the rule of law in Thailand expose an array of ambivalences and paradoxes. Despite being one of the first Asian countries to adopt a constitutional democracy, democratisation remains a far-off dream. Though having consistently proclaimed itself to be a staunch advocate of democracy and human rights, the Kingdom has been rife and stifled with military coups, massacres, and pervasive corruption. The story becomes even more complex with regard to the status of its monarchy. Against the practice of royalist coups, the Thai King is however praised as the sinew of rule-of-law development. Between the struggle of a progressive, pro-democracy movement and the royalist-conservative alliance, 'Rule of Law' becomes a buzzword around which both parties contest. In addition to its perplexing image, an attempt to understand Thailand's rule of law is further crippled by language barrier, with neologisms competing for selection - nitirath and nititham.

A Struggle between Dual Visions

The Rule of Law in Thailand

This book provides a novel judicial framework for receiving and considering religious and cultural claims in shaping human rights in constitutional secular democracies. It does this through an extended case study of the Indian constitutional jurisprudence. Abortion and surrogacy, LGBTQ + rights, sex work and euthanasia are arguably the most controversial human rights issues of our time. They all invite passionate religious and cultural debate but are not themselves religious or cultural rights issues. Instead, they pose a fundamental constitutional question: How far can religion and culture go in shaping general human rights in secular constitutional democracies? Moving beyond the logic of individual rights, this book provides an integrated and holistic approach to answering this classic question of constitutional law. To do this, it proposes an innovative empirically backed normative-theoretical framework which synthesises insights from cultural psychoanalysis, feminist legal scholarship, socio-legal method, constitutional law, evidence law, and political theory. It looks at a unique constellation of cases belonging to eight different human rights themes covering the period since India's independence in 1947 and systematically analyses the religious and cultural claims made in those cases. It finds that in India, a more holistic approach to answering our classic constitutional puzzle requires a simultaneous consideration of three different theories: A theory of constitutional interpretation which formulates restrictions on a judge considering religious and cultural claims in fundamental rights cases; A theory of judicial notice which determines when such claims can be admitted without proof; A theory of secularism and public reason which argues that the claims must be given weight in the final decision only if they match defensible conceptions of constitutional values. The book develops these theories and applies them to the Indian cases, providing an innovative approach to an age-old question.

With God as our Witness

Religion, Culture, and Human Rights in India

ÃlÃ(c)ments De Droit Civil Espagnol

Autres titres sur ce thème

ÃlÃ(c)ments De Droit Civil Espagnol

Autres titres sur ce thème

ÃlÃ(c)ments De Droit Civil Espagnol